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AB 132: Nevada Bans Pre-Employment Screening for Marijuana

AB 132: On Jan. 1, a Nevada law took effect prohibiting the denial of employment because of the presence of marijuana in a screening test taken by a prospective employee with certain exceptions; authorizing an employee to rebut the results of a screening test under certain circumstances; and providing other matters properly relating thereto employers from considering a pre-employment marijuana test. Nevada is the first state law to restrain pre-employment marijuana drug tests.

1. It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.

2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:(a) As a firefighter; (b) As an emergency medical technician; (c) That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or(d)That, in the determination of the employer, could adversely affect the safety of others.

3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.

4. The provisions of this section do not apply:(a)To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.(b)To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.(c)To a position of employment funded by a federal grant.

5. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

This information provided on this website is meant to provide general information and does not constitute as legal/ medical advice.